Websites allowing a user to generate merchandise, such as t-shirts, mugs, and calendars, from certain images have existed for many years. However, their use is inconvenient. The user must either select an image from a pre-populated list of images the website owner has the rights to use, or upload his own.
The user seeking to create merchandise based off his own image must go through several time-consuming steps, such as locating the desired image, ensuring he has the rights to create merchandise based off the image, editing the image to meet his needs, finding a website that creates the specific type of merchandise he wants, and uploading the image to the website.
User uploads pose a potential legal problem for the website owner as well. For example, if the user chooses the Coca-Cola® logo as his image and begins selling Coca-Cola® t-shirts from the website, then the website could be liable for contributory trademark infringement. Additionally, if the user uploads a picture of someone else's child, that child's parents may be able to sue the website owner for misappropriating their child's likeness.